Berger gets court date, commissioners must wait to fill seat

WILMINGTON, NC (WWAY) — Brian Berger will get a chance next month to argue his case against the amotion hearing that ousted him from office. In the meantime, the New Hanover County Commission must wait to fill his seat.

An order issued last week by Special Superior Court Judge for Complex Business Cases James Gale granted Berger a July 16 hearing date at the North Carolina Business Court in Greensboro. According to the order, the hearing will address whether amotion was the proper procedure to use to remove an elected county commissioner, whether the procedures the board used in the amotion procedure complied with due process and whether if amotion was a valid procedure, if superior court has jurisdiction or power to consider Berger’s appeal.

Judge Gale also ordered that the commission not fill Berger’s seat at least until after the hearing.

Last month the commission voted 3-2 to use amotion to remove Berger from office.